Expert: Bennie719 - 12/26/2007

Question
Hello.  I'm in Florida where our no-fault rules expired on 10/1/2007.  They do not go into effect again until 1/1/2008.   On 12/21, my vehicle was in a multi-car "domino" type accident where one car hit another, that one hit mine, and then mine hit the one in front of us.  Four vehicles were involved.  The driver that caused the accident has no license and no insurance.   She is from a foreign country and could only produce a passport as identification.  She's (allegedly) married to a US Marine, and they just moved to Florida from Wisconsin two months ago.   She received two citations and a court appointment for the accident.   The Marine arrived at the scene and said he'd like to avoid involving insurance.

Their car was registered in Wisconsin, which is one of the states that does not require auto-insurance.  That state uses a financial responsibility law, which I don't fully understand.   

My question - what are their rights and obligations to me and my vehicle?  Is it held under Florida or Wisconsin law for purposes of insurance?  Am I able to recover my deductible (assuming they pay nothing)?  Will the insurance company pursue them?

Thanks for any light you can shed on this.    It's a very complex situation and any guidance you can provide is appreciated.


Answer
Hi Paul,
Florida insurance law applies since this was the location of the accident.
If you currently have a Florida no-fault insurance policy issued before 10/01/07 and does not expire until after 01/01/08, then that policy and it's conditions are still in full effect.  
Florida is one of the eleven states that offered no-fault insurance and all eleven states have totally different plans.
Only a licensed Florida Agent can provide answers to most of your questions.  I suggest that you discuss this with your own company.
I hope this has been of help.
Sincerely,
Bennie
San Francisco Bay Area